UPSC Prelims 2019 · Question 86 of 99
UPSC Prelims 2019 question on Judges Impeachment Procedure
- ExamUPSC CSE
- Year2019
- PaperGeneral Studies Paper I
- SubjectPolity
- TopicHigher Judiciary (SC and HC)
- DifficultyMedium
- TypeStatement
Consider the following statements:
1. The motion to impeach a Judge of the Supreme Court of Indian cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.
2. The Constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India.
3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.
4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.
Which of the statements given above is/are correct?
Show answer
Answer: C. 3 and 4 only
Verdict
Correct statements: 3 and 4 → Option (c).
Statement by statement
Statement 1 – INCORRECT: The Constitution does not use the word 'impeachment'; it is colloquially used to refer to the proceedings under Article 124 (for the removal of a Supreme Court judge). The Speaker/Chairman may admit the motion or refuse to admit it. Hence the Speaker can reject the motion; statement 1 is incorrect.
Statement 2 – INCORRECT: While the Constitution does not use the word 'impeachment', it colloquially refers to proceedings under Article 124 and Article 218. The Constitution does not define and give details of what constitutes 'incapacity and proved misbehaviour' — that is left to the Judges Enquiry Act 1968.
Statement 3 – CORRECT: The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment.
Statement 4 – CORRECT: If the motion is passed by each House of Parliament by a special majority, an address is presented to the president for removal of the judge. This requires majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.